Bill H.1966
188th (2013 - 2014)

An Act restricting the sale of tobacco products at health care institutions

By Representative Garballey of Arlington and Senator Barrett, a joint petition (accompanied by bill, House, No. 1966) of Sean Garballey and others for legislation to restrict the sale of tobacco products at locations where health professionals are employed. Public Health.

Section 1. Chapter 112 of the Massachusetts General Laws is hereby amended at the end thereof by inserting after section 61 the following new section:-

Section 61A

Definitions.

“Health care institution” as used in this section shall mean any individual, partnership, association, corporation or trust or any person or group of persons that provides health care services and employs health care providers licensed or subject to licensing by the Massachusetts Department of Health under M.G.L. c. 112 or a retail establishment that provides pharmaceutical goods and services and is subject to the provisions of 247 CMR 6.00.. Health care institutions include, but are not limited to, hospitals, clinics, health centers, pharmacies, drug stores, doctor and dentist offices.

“Retail establishment” as used in this section shall mean any store that sells goods or articles of personal services to the public.

“Tobacco products” as used in this section shall mean cigarettes, cigars, chewing tobacco, pipe tobacco, bidis, snuff or tobacco in any of its forms.

(b) Prohibition of Tobacco Sales

(1) No health care institution located in Massachusetts shall sell or cause to be sold tobacco products.

(2) No retail establishment that operates or has a health care institution within it, such as a pharmacy or drug store, shall sell or cause to be sold tobacco products.

(3) Nothing in this section shall preempt further limitation of tobacco use by the commonwealth or any department, agency or political subdivision of the commonwealth.

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